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Minutes for the City Council meeting on July 16, 1990
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PUBLIC HEARINGS
6:50 p.m. - Abandonment of a 10 ft. Alley running N & S between Thorn and Clark, S of abandoned portion of School Street and a 10 ft. alley running N & S between Clark and Una, S of School St. by Nettleton Baptist Church. No opposition was voiced.
7:00 p.m. - Appeal of M.A.P.C. by Joseph Foster regarding paving and curbs of the 235 LF street extension in a cul-de-sac on property located near intersection of Prospect Rd. and Old Paragould Hwy. M.A.P.C. liaison, Brian Wadley stated Mr. Foster had submitted a proposal to widen Jettyl Dr. and provided the base and drainage for the new 235 LF dedicated street extension and provide the same improvements on the existing 359' with the entire street to be paved within 5 years without curbs and gutters. Mr. Wadley added that if such appeal was granted by the Council, that the agreement should be prepared by an attorney in order that it would transfer with the land.
City Council Minutes July 16, 1990
The Jonesboro City Council met in regular session at 7:30 p.m. at City Hall. Present were Mayor, City Clerk, City Attorney and all Aldermen.
The minutes of July 2, 1990, were approved as mailed on motion by Mr. Stricklin, seconded by Mr. Shelton. All voted aye.
The following ordinance was on third reading:
AN ORDINANCE ESTABLISHING A MUNICIPAL SEWER IMPROVEMENT DISTRICT; DECLARING AN EMERGENCY: AND FOR OTHER PURPOSES
Attorney, Charles Frierson representing the proponents stated an informational meeting was held as requested by Council consisting of some two hours of discussion. The Council must determine whether the petition proposing the sewer improvement district contains 51% of the assessed value of the property within the district and has no choice in approving the district if said petition contains the proper percentage of signatures. He asked Charlene Miles of Markle Abstract Co. to present a report to the council. Ms. Miles stated the total valuation of property in the district totals $1.97 million and the owners of property valued at $1.27 million, or 62% of the assessed valuation, had signed petitions requesting the Council to authorize the district; 38% did not sign. Mr. Frierson added that property owners could appeal the alleged illegalities concerning the signing of the petition to the court within a 30-day period. The district would cease to function when the last bond is collected. Attorney, Ralph Waddell representing opponents for a “Better Mardis without Improvement District” stated the property owners were given incomplete information and requested a decision by delayed until a decision could be ascertained if owners of a majority of the property valuation still support the district. He added that 15 property owners representing $226.000 in property have filed a petition this date with the City Clerk asking their names be withdrawn from the original petition. He stated when asked by the Mayor for property valuation of the 15 property owner, that he did not have it with him, but would provide it. (Note: Said report was subsequently filed 7/17/90 with the Office of Clerk)
The attorneys representing the matter were in disagreement with regard to property owners being forced to go to court to have their names removed from the petition.
Mayor Brodell asked the City Attorney if the Aldermen had to make a decision whether a majority of property owners were supporting the district. Ms. Honeycutt stated that Mr. Frierson was correct that the Council could rely upon a statement from the abstract company employee with regard to a sufficient number of signatures being included on said petition.
Mr. Sanderson moved, seconded by Mr. Shelton to adopt the ordinance with the emergency clause. A roll call vote was taken and all voted aye. The ordinance was given the number 2281.
Concerning the Foster Appeal, Gene Vance Chairman of M.A.P.C. stated the ordinance concerning right of way needs revision. Discussion regarding overruling the M.A.P.C. on matters waiving street development stipulations setting a precedent ensued. Mr. Vance stated that a precedent would be set to override the M.A.P.C. in such matters. The Mayor asked three separate times for a motion either for or against the appeal. No motion was forthcoming from the Aldermen, thus no action was taken thereby upholding the M.A.P.C. on the matter.
Mr. Hannah offered the following ordinance for first reading:
AN ORDINANCE TO VACATE A TEN FOOT ALLEY BETWEEN THORN STREET AND CLARK STREET, AND A TEN FOOT ALLEY BETWEEN CLARK STREET AND UNA STREET
Mr. Mays moved, seconded by Mr. Hannah to suspend the rules and place the ordinance on second reading. All voted aye. Mr. Nix moved, seconded by Mr. Stricklin to further suspend the rules and place on third reading. All voted aye. Mr. Sanderson moved, seconded by Mr. Stricklin to adopt the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2282.
Mr. Nix offered the following ordinance for first reading:
AN ORDINANCE TO ADOPT THE 9-1-1 EMERGENCY SERVICE PLAN PROPOSED BY SOUTHWESTERN BELL TELEPHONE CO.
Mr. Sanderson moved, seconded by Mr. Hannah to suspend the rules and place the ordinance on second reading. All voted aye. Mr. Sanderson moved, seconded by Mr. Hinson to further suspend the rules and place on third reading. All voted aye. Mr. Evans moved, seconded by Mr. Shelton for the adoption of the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2283.
Mr. Hinson offered the following resolution: Be it resolved by the City Council of the City of Jonesboro that Ordinance #2282 has been referred by action of the City Council of the City of Jonesboro, AR to a vote of the people as to adoption or rejection in a special election to be held September 25, 1990. Mr. Hinson moved, seconded by Mr. Evans for the adoption of the resolution. All voted aye. The resolution was given the number 1990:41.
Mr. Shelton offered the following ordinance for first reading:
AN ORDINANCE TO AMEND ORDINANCE #2257, MOBILE HOMES AND MOBILE HOME PARKS, SECTION &14.20.02, (3) TO SPECIFY THE PROCEDURES FOR NOTIFICATION TO ADJACENT PROPERTY OWNER OF A PROPOSED MANUFACTURED HOUSING SUBDIVISION, AND SECTION & 14.20.04, INDIVIDUAL MANUFACTURED HOME OF MOBILE HOME NOT IN SUBDIVISION, PARK OR COURT-SPECIAL USE, OF THE CITY OF JONESBORO, AR, TO ALLOW PLACEMENT OF SAME IN THE R-1 ZONING DISTRICT, AND FOR OTHER PURPOSES
Mr. Hannah moved, seconded by Mr. Shelton to suspend the rules and place the ordinance on second reading. All voted aye. Mr. Hannah moved, seconded by Mr. Nix to amend Section &2 (c) to read: applicant or property owner within 1200 ft. of a mobile home. All voted aye. Mr. Hannah moved, seconded by Mr. Shelton to further suspend the rules and place on third reading. All voted aye. Mr. Hannah moved, seconded by Dr. Strauser to adopt the ordinance as amended with the emergency clause. All voted aye. The ordinance was given the number 2284.
The following ordinance was on third reading:
AN ORDINANCE TO AMEND CHAPTER 11.12, PLUMBING CODE, SECTION & 11.12.02 - STATE PLUMBING CODE ADOPTED BY REFERENCE; AMENDMENTS, SUBSECTION (b), AND TO REPEAL SECTION 11.12.11, PROHIBITION OF NON-METALLIC PIPING OR FITTINGS, OF THE CODE OF ORDINANCES OF THE CITY OF JONESBORO, ARKANSAS, TO ALLOW THE USE OF NON-METALLIC PIPE, AND FOR OTHER PURPOSES
Plumbing Inspector, Lowell Gragg stated he was not personally in agreement with the allowance of non-metallic pipe. Mr. Gragg confirmed that no city voting the pipe in has voted it out, when questioned by the Mayor.
Concerning granting a 5 year temporary permit to Mr. Jennings for placement of a mobile home in R-1 zoning, Mr. Wadley stated the mobile home meets the criteria and no opposition to the placement has been expressed. Mr. Park moved, seconded by Mr. Hannah to allow the placement of the mobile home in R-1 zoning by Mr. Jennings by granting a 5 year temporary permit. All voted aye.
Pam Honeycutt, City Attorney briefed Aldermen on the legal aspects of a civil suit filed against the city by Floyd Vuncannon over a 9.0 ft. of property easement on the S side of E Nettleton, E of Stadium Blvd. Ms. Honeycutt recommended the city return the property to Vuncannon. Attorney for the Plaintiff, Kelly Webb stated the city has forced Vuncannon to dedicate property for right of way before he was issue a building permit for a commercial structure. Judge David Burnett on June 19, 1990 remanded the matter to the City Council for reconsideration, which upheld the Vuncannon’s position that the city’s denial to issue a replat, unless they gave 9.0 ft. of property for easement, is a taking of property without just compensation. The issue before the Council is whether it wants to keep the easement conveyed to it and pay the Vuncannon’s damages as allowed by law; or reconvey the property to the Vuncannon’s and pay any damages that the Vuncannon’s have suffered as a result of the city’s timely refusal to grant a replat and building permit. The Mayor stated that a search of county records indicates the deed cited by the Vuncannon’s was never filed at the courthouse and is not being held by the city. The Judge has not signed the final order and Mayor Brodell asked the City Attorney to attach pertinent information regarding said lawsuit to the August 6 agenda for Aldermen to review before voting on the matter.
Mr. Park offered the following ordinance for first reading:
AN ORDINANCE TO AMEND CHAPTER 14.08, DISTRICT REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF JONESBORO, AR BY CREATING A NEW SECTION & 14.08.00, SPECIFICALLY FOR THE PURPOSE OF DEFINITIONS AND FOR OTHER PURPOSES
Mr. Hannah moved, seconded by Mr. Park to suspend the rules and place on second reading. All voted aye. Mr. Hannah further moved, seconded by Mr. Shelton to suspend the rules and place on third reading. All voted aye. Mr. Hannah moved, seconded by Mr. Park for the adoption of the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2285.
Mr. Hannah moved, seconded by Mr. Nix to allow a hardship application for mobile home by Max Nienstadt, Rt. 7, Winchester. All voted aye.
With no further business, the meeting adjourned.